2022 SCMR 515
The petitioner and others members of the Eagle Squad were on their routine duty of maintaining law and order in the city, at the time of incident. There is nothing on record to show that there was a background of any enmity between the parties, or the incident was the result of some provocation, or the petitioner fired at the car that had tainted glasses, with the intention to cause death of the complainant and his cousin. From the contents of the crime report, it appears that an offence of qatlbis-sabab punishable under Section 322 PPC is made out other than qatl-i-khata punishable under section 319, PPC. However, qatl-i-amd under section 302 does not appear to be made out in the present facts and circumstances of the case. Section 322, PPC falls outside the prohibitory clause of Section 497(1), CrPC1 while section 319, PPC is bailable. That being so, the detention of the petitioner pending trial can only be justified if this case falls within the scope of any of the exceptions stated in the cases of Tariq Bashir, Muhammad Tanveer and Zafar Iqbal. There is, however, nothing on record that may attract any of the said exceptions and justify denial of post arrest bail to the petitioner.
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